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2020 Supreme(Online)(KER) 15891

HIGH COURT OF KERALA
BABU VARGHESE@ BABU@PAZHUTHARA BABU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['SRI K S HARIHARAPUTHRAN', '', 'SRI K A ANAS', 'SRI GEORGE MATHEW', 'SRI P N SUKUMARAN', 'PUBLIC PROSECUTOR', '']

JUDGMENT

Dated this the 15th day of October 2020 The appellants are the accused in S.C.No.456/2003 on the file of the Sessions Judge, Thodupuzha. The above case is chargesheeted by the Deputy Superintendent of Police, Thodupuzha against the appellants alleging the offences punishable under Section 326 and 324 r/w 34 IPC. The offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (fort short 'Act, 1989) is also alleged.

2. The prosecution case is that on 30.10.2002 at 8.45 pm., the accused voluntarily caused hurt to PW1 Jaison by beating with an iron rod and a wooden stick which are deadly weapons and also caused grievous hurt to PW1 by the first accused by beating PW1 with an iron rod, which was marked as MO1. It is alleged that PW1 sustained a fracture. It is also alleged that the accused who are neither the members of Scheduled Caste nor Scheduled Tribe intentionally insulted PW1, who is a member of the Scheduled Caste.

3. To substantiate the case the prosecution examined PW1 to PW10. Exts.P1 to P15 are marked on the side of the prosecution.

MO1 to MO3 are the material objects.

4. After going through the evidence and the documents

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